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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence of the court below (one year of imprisonment) is too unreasonable.
2. The judgment of the court below is not less than the defendant's liability in light of the following facts: although the defendant is not less than the defendant's liability for committing each of the crimes of this case; although the defendant has been sentenced one time to a punishment under the influence of alcohol, one time of suspended sentence, and three times of a fine, the driving under the influence of alcohol without a license, and the degree of blood alcohol concentration is 0.104%, and the current Road Traffic Act stipulates that the person who has violated the prohibition provision of drinking driving on not less than two occasions for the purpose of preventing the driving under the influence of alcohol which threatens the safety of the road traffic, preventing the driving under the influence of alcohol, and overcoming the awareness of the fact that the person who has violated the prohibition provision of drinking under the influence of alcohol again two times or more, the defendant's operation under the influence of alcohol and without a license has not been relatively long distance; since the above sentence and the suspended sentence were punished under the influence of a fine in 202 and 203, and there is no reason to punish the defendant's family members after the punishment of the defendant's.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;